Change in Business Licensee

R3-8-209. Change in Business Licensee A. Transfer to spouse. A business license may be transferred t o the licensee’s spouse without a fee by submission of a Business License Entity Change Application if the licensee’ s spouse submits evidence of marriage to the licensee, keeps th e same business name for the remainder of the licensee perio d and agrees to honor all of the licensee’s customer contracts an d warranties. B. Transfer to new entity. A person may request a transfer of a business license to a new entity without a fee by submitting a Business License Entity Change Application if: 1. The owners of the current business licensee own a majority of the new entity, cur- 2. The new entity keeps the same business name as the rent business licensee for the remainder of the licensin g period, 3. The new entity agrees to honor all customer contracts an d warranties provided by the current business licensee, and 4. The current business licensee and the new entity are not the same form of entity. C. When a business license is transferred under subsection (A) or (B), the new licensee shall be responsible for any outstandin g fees or penalties owed to the PMD and for any disciplinar y action taken by the PMD as a result of violations of this Chapter or the PMD’s statutes by the former licensee. D. Except as provided in subsections (A) and (B), a change i n ownership of a licensed sole proprietorship requires a new business license. E. If, through a change in ownership, a licensed business’s offic e becomes a branch office of another licensed business, the new owner shall notify the PMD and comply with R3-8-206. F. A business licensee shall report any change in the principals of the business to the PMD within 30 days. Principal means a person who owns at least a 10 percent interest in a business. Principal includes an owner that is itself a business as well a s owners of a principal. Supp. Administrative Code AGRICULTURE - PEST MANAGEMENT DIVISION G. If a business licensee changes the name of the business, th e licensee shall provide the following information on a Busines s Name Change Application submitted to the PMD prior to th e change: 1. Name of business entity; 2. Current business name; 3. Business license number; 4. New business name requested; 5. Copy of the Registered Trade Name Certificate, amende d Articles of Organization or Incorporation, amended Certificate of Limited Partnership, or amended Statement of Partnership Authority or Qualification showing the ne w name; and 6. Dated signature of the authorized representative of th e business licensee affirming that the information provide d is true and correct. H. If a business licensee changes the form of the business, th e licensee shall provide the following information on a Busines s Entity Change Application submitted to the PMD within 3 0 days of the change: 1. Name of licensed business entity; 2. Business name and license number; 3. Name and form of new business entity; 4. Names of the following persons authorized to act o n behalf of the new business entity: a. Owner if a sole proprietorship, b. Managing or general partner if a partnership, c. President and other authorized officers if a corporation, d. All the managers or members if a limited liabilit y company, or e. Person authorized to make decisions for the busines s if any other type of business form; 5. Copy of the new business entity’s Articles of Organization or Incorporation, Certificate of Limited Partnership, trust, trade name certificate, partnership agreement, or other evidence of the form of business organization; 6. As applicable, the Articles of Merger or Consolidation, Statement of Merger, or approved partnership conversion; and 7. Dated signature of the authorized representative of th e business licensee affirming that the information provide d is true and correct. Historical Note New Section recodified from R4-29-209 at 23 A.A.R. 1976, effective June 30, 2017; Section amended by exempt rulemaking at 23 A.A.R. 1949, effective August 29, 2017 (Supp. 17-2).